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| Temporary Resident Status |
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Prepared By Rishma N. Shariff
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
Overview
A temporary resident according to the Immigration and Refugee
Protection Act (“IRPA), includes a visitor, student and temporary
worker. The IRPA states taht a temporary resident is authorized to
enter and remain in Canada on a temporary basis as a visitor or as a
holder of a temporary resident permit. A temporary resident must
comply with any conditions imposed under the regulations and with
any requirements under the IRPA and must leave Canada by the end of
the period authorized for their stay.
This article will discuss only the class of temporary residents
classified as visitors.
Eligibity to obtain a Temporary Resident Visa (TRV)
A foreign national may not enter Canada as a temporary resident
unless they first apply for and obtain a temporary resident visa or
they fall under a category that is exempt from making such an
application. A Temporary Resident Via can be obtained as simply as
receiving a stamp in the foreign national’s passport or travel
document.
The Immigration and Refugee Protection Regulations state that a TRV
will be issued to a foreign national if it is established that:
a. The foreign national has applied in accordance with the
Regulations for a TRV ;
b. The Visa Officer is satisfied that the Applicant will leave
Canada by the end of the period authorized for their stay;
c. The foreign national holds a passport or other travel document
that can be used to enter the country that issued it or another
country;
d. The foreign national is not inadmissible; and
e. In some instances, meets the medical examination requirements
contained in Section 30 of the IRPR.
Exemptions from TRV Requirements
The most common exemptions are those based on the foreign national’s
country of citizenship or residence. According so s.190 of the
Regulations the following foreign nationals do not require a TRV to
enter Canada:
Citizens of Andorra, Antigua and Barbuda, Australia, Austria,
Bahamas, Barbados, Belgium, Botswana, Brunei, Cyprus, Denmark,
Finland, France, Germany, Greece, Iceland, Ireland, Israel (National
Passport holders only), Italy, Japan, Liechtenstein, Luxembourg,
Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway,
Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis,
St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands,
Spain, Swaziland, Sweden, Slovenia, Switzerland, and Western Samoa;
British citizens and British Overseas Citizens who are re-admissible
to the United Kingdom;
Citizens of British dependent territories who derive their
citizenship through birth, descent, registration or naturalization
in one of the British dependent territories of Anguilla, Bermuda,
British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar,
Montserrat, Pitcairn, St. Helena or the Turks and Caicos Islands;
Nationals of the United States or persons lawfully admitted to the
United States for permanent residence who are in possession of their
alien registration card (Green card) or can provide other evidence
of permanent residence;
There are also exemptions for holders of certain documents, such as:
Persons holding a passport that contains a diplomatic acceptance, a
consular acceptance, or an official acceptance issued by the Chief
of Protocol for the Department of Foreign Affairs and International
Trade on behalf of the Government of Canada and are a properly
accredited diplomat, consular officer, representative, or official
of a country other than Canada, of the United Nations or any of its
agencies, or of any international organization of which Canada is a
member;
Persons holding passports or travel documents issued by the Holy
See;
Persons holding a national Israeli passport;
Persons holding a valid and subsisting Special Administrative Region
passport issued by the Government of the Hong Kong Special
Administrative Region of the People's Republic of China; or
Persons who hold a British National (Overseas) Passport issued by
the Government of the United Kingdom to persons born, naturalized,
or registered in Hong Kong.
There are also exemptions based on the foreign national’s purpose of
entry. For example, a foreign national does not need a TRV if they
are seeking to enter and remain in Canada solely to work as a member
of a crew of a means of transportation or to transit through Canada
as a passenger on a flight stopping in Canada solely for the purpose
of refuelling.
Requirement for Medical Examinations
Foreign nationals intending to remain in Canada for six months or
less as temporary residents are generally not required to have a
medical examination. There are instances where a medical examination
will be required for:
a. Foreign national who are seeking entry into Canada or applying
for a renewal or their work or study permit or authorization to
remain in Canada as a temporary resident for a period in excess of
six consecutive months, including an actual or proposed period of
absence from Canada of less than 14 days, and
b. Have resided or sojourned for six or more consecutive months in a
designated country/territory during the one year immediately
preceding the date of seeking entry into Canada.
Initial Period of Stay
The authorized period of stay of a temporary resident is six months
or any other lesser period that is fixed by an officer on the basis
of:
The temporary resident's means of support in Canada;
The period for which the temporary resident applies to stay; and
The expiry of the temporary resident's passport or other travel
document.
Extensions of Stay
A foreign national may apply for an extension of their authorization
to remain in Canada as a temporary resident if:
a. the extension application is made on or before the end of the
period authorized for their stay, and
b. they have complied with all the conditions imposed on their entry
into Canada.
The TRV will be extended if, following an examination, the foreign
national establishes that all requirements of the Act and
Regulations continue to be met.
If you would like assistance with making an application for a
temporary resident visa, please feel free to contact us by email at:
immlaw@caronpartners.com |
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